A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 16, 2013, the Defendant issued a summary order of a fine of KRW 4 million to a person who violated the Road Traffic Act (drinking driving), and on June 29, 2014, the Defendant issued a summary order of KRW 5 million to a person who violated the Road Traffic Act by the same court on June 29, 2014.

On April 12, 2017, the Defendant driven B K5 car under the influence of alcohol content of approximately 0.136% from the front of the “Wonam Post Office” located in the Republic of Korea Eup at the time of 00:06 to the front of the “Wodong-ro 1985” road located in Pyeongtaek-si, Eup, west-ro 1985, Pyeongtaek-si.

As a result, the defendant had been punished for drinking driving more than twice, but he again driven a drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Photographs of the driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, written investigation report (the previous confirmation), copy of summary order, etc.;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case, the defendant did not cause other damage, such as traffic accidents, and the defendant did not have any record of criminal punishment except that sentenced to a fine twice due to the violation of the Road Traffic Act.